2. Watershed District Rules
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CITY OF
CHANHASSEN
690 City Center Drillt, PO Box 147
Chanhl1JJtn, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5739
Engineering Fax 612.937.9152
Public Safety Fax 6/2.934.2524
Wéb www.ci.chanhl1JJen.mn.UI
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MEMORANDUM
TO:
Mayor and City Council
City of Chanhassen Staff
FROM:
Phillip Elkin, Water Resources Coordinator
DATE:
January 26,2000
SUBJ:
What is a Watershed District?
The memo is to give Council and Staff insight to exactly how the Riley-
Purgatory-Bluff Creek Watershed District functions within the city.
A watershed is an area ofland which slopes or drains to the same location.
Watersheds are usually divided by lakes or streams. Sub-watersheds drain into
smaller ponds or wetlands before they reach the major water bodies. A watershed
district is a political subdivision established by the State whose responsibilities are
to protect and manage water within its legal boundaries. Watershed districts are
divided or established because water management problems do not stay within
city boundaries.
Riley-Purgatory-BluffCreek Watershed District is the tributary lands for Riley
Creek, Purgatory Creek, and Bluff Creek. They include the cities of Bloomington,
Chanhassen, Deephaven, Eden Prairie, Minnetonka and Shorewood. This
Watershed District is managed by five board members which are appointed by
Hennepin and Carver County Boards. One commissioner is assigned by the
Carver County commissioners. They each serve a three-year tenn and must live
within the legal boundaries of the watershed district. The Watershed District
holds meetings on the first Wednesday of each month at 7:00 p.m. at the Eden
Prairie City Hall. Meetings are open to the public. In addition to the five
managers, the Watershed District also retains the services of an attorney and an
engineering advisory finn. For the Riley-Purgatory-BluffCreek Watershed
District, Paul Haik of Kresbach & Haik is the legal counsel and Barr Engineering
provides the engineering services.
The watershed district has rules regarding stonnwater management; managing the
quantity of water and the quality of water that all development within the
watershed district boundaries must adhere to. In addition to stonnwater
management, they also have setback regulations, bluff area regulations, erosion
control requirements, and grading requirements. A grading pennit is the only
pennit required through the watershed district. Since 1995, all site development
plans with grading, buildings, etc. must be approved by the watershed district
before construction can begin. In 1994, when the city of Chanhassen adopted
The Citv of Chanhasstll. A (/'Owinr community with cltan lakes, auality schook. a charminr downtown. thrivin. businesses. and beautiml Parks. A "tat Place to lillt. work. and pia,
,
January 26, 2000
What is a Watershed District?
Page 2
their Surface Water Management Plan, the rules were equal to or more stringent
than the existing watershed district rules. A cooperative agreement was reached at
that time so that individuals developing land would not have to d¡,¡plicate the
pennitting process (go to two different agencies to do the same work). Since then,
all new development is still required to receive a grading or land alteration pennit
to notifY the watershed district of those activities.
Work the watershed districts have done includes putting together trail maps and
maps of the creeks and public spaces within the watershed district, they have also
constructed water quality plans, they have constructed water quality projects and
have done an extensive restoration plan in Bloomington along Nine Mile Creek; a
combination water management and trail project. They are also active in
monitoring water quality oflakes and streams.
Watershed activities are funded through an annual 0.02% tax on those who live in
the Riley-Purgatory-Bluff Creek District. In addition to this annual fee, the
watershed district also has levying power to do basic water management projects
or extensive projects where they can hold public hearings and then raise fees to
fund these projects. This is how the Bloomington project was financed. An Eden
Prairie water quality project also was financed this way. The City of Chanhassen
has submitted a petition to do a similar project along the Bluff Creek and is
awaiting the engineer's report from said petition. In addition to these projects and
our petition, the engineer for the watershed district has been working on a new
modeling program to help the fluctuation of flows within Bluff Creek, raise the
water quality standards, manage the amount of runoff generated by new
impervious surface. These rules are to increase the detention time of stonnwater
runoff on sites and also create rain gardens allow water to infiltrate back into the
ground so that there not contributing to runoff from the site.
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CITY OF
CHANHASSEN
690 City Center Drive, PO Box 147
Chanhassen. Minnesota 55317
Phone 612,937.1900
General Fax 612,937.5739
Engineering Fax 612.937.9152
Public Safety Fax 612.934,2524
Wéb www.ci.chanhassen.mn.us
MEMORANDUM
TO:
Mayor
City Council
Scott A. Botcher, City Manager~
FROM:
DATE:
January 27, 2000
SUBJ:
Riley Purgatory Bluff Creek Watershed District
As you are aware, individuals from the Watershed District will be present this
evening to discuss proposed rules for within the district. While you received
these in the past, 1 thought 1 would copy them once again in case you were
unable to get your hands on them.
Thank you.
The City of Chon hassen, A f!!owing community with cltan lakes, quality schoob. a charminr downtown, thrivin. businesses. and beauti{ÙI parks. A ,'W Place to live, work, and pia,
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... .' "". ~ .",y" December 15, 1999 k',~,.. ·H".,
\;£~i'ì{J;W:f:~::{/)':r".4~;¡,,,., '. "".,' ., ' .>~, ,1;',; .
Mayor .ånd Cò1ÍÍ1êiI MemberS
City rpf Cha11hassel},..
Ättn: Karen
(j60.cityCenter Drive
1P:O. Box 147
Chanhassen, MN 55317
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Re: Riley Purgatory Bluff Creek Watershed District
,\Dear Mayor and Council:
Enclosed for review and comment are the Statement of Need and Reasonableness
, ,and the Proposed Rules of the Riley-Bluff Creek Watershed District. The Board of
Managers is forwarding this infonnation so that you or your staff can comment and
'advise 1he Board of Managers before and at a public hearing on adoption of the rules.
The Board of Managers appreciates your consideration of this matter. The Board of
Managers would like to conduct the public hearing on January 5 or February 2, 2000,
preferably the earlier date.
If you require any additional infonnation, please contact the Chief Engineer,
RobertC. Obenneyer at (612) 832-2857 or the Legal Advisor, Paul R. Haik at (612) 333-
7400.
Sincerely,
RlLEY-PŒGATORY-BLUFF CREEK
WATERSHED DISTRICT
BY: (~~"""-~~~~~
Conrad Fiskness
President
Enc10sure (1)
ICC: Director of Public Works
Howard Peterson
Perry Forster
Board of Managers:
Conrad Fiskness Frederick Rahr
Susan Scribner
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters oflhe Department of Natural Resources
DECEMBER 14,1999
PROPOSED RULES OF THE
RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14,1999
SUBDIVISION 13. [FLOOD STORAGE.] .........................................",.......................................9
SUBDIVISION 14, [FLOOD STORAGE OUTLET.] ...................................................................9
SUBDIVISION 15. [FULLY-URBANIZED.] ................""""..,..,...............",...............,..""""",,. 9
SUBDIVISION 16. [INFILTRATION PRACTICES,] .........................".......................................9
SUBDIVISION 17. [PEAK DISCHARGE RATES.]..........................,........................,.................9
SUBDIVISION 18. [PRE-URBAN.] .............................................".........",..,...........................,... 9
SECTION 7. [ENVIRONMENTAL REVIEW. ........................................................................ 10
SUBDIVISION I. [APPLICATION.] .,....,.........................,........."".............",............""""",....10
SUBDIVISION 2. [PREPARATION.] ..........................""""...................""............."",.............10
SUBDIVISION 3. [REVIEW.] ................................................................................................... 11
SUBDIVISION 4, [DECISION.] ................................................................................................11
SECTION 8. [APPLICATION REQUIREMENTS.] ................................................................12
SUBDIVISION 1, [APPLICATION.] ....,..................................""",........,.............."........"""",,', 12
SUBDIVISION 2, [FEES.] ,..........................................."""",........."",.........""........."""",.."",13
SUBDIVISION 3. [PERFORMANCE BONDS,] ........................................................................13
SECTION 9. [ADMINISTRATIVE PROCEDURE.] ................................................................14
SUBDIVISION 1. [DEADLINE FOR RESPONSE,]................................................................... 14
SUBDIVISION 2, [APPLICATION; EXTENSIONS,]..................""........"",......"""..............",14
SECTION 10. [CONDITIONS.] ................................................................................................16
SUBDIVISION 1. [DURATION OF PERMITS.] .......................................................................16
SUBDIVISION 2. [RESTRICTIVE DEED COVENANTS.] ......................................................, 16
SUBDIVISION 3, [CERTIFICATION OF COMPLIANCE.] ......................................................16
SUBDIVISION 4. [GENERAL CONDITIONS.] .............................................................,......,..,16
SUBDIVISION 5. [SPECIAL CONDITIONS.] ..........................................................................19
[Minimum Standards For Land Alteration.] ..........................................................................19
[Minimum Treatment of Discharges.] """""""""""",............."""".....""""",,'..........""""" 19
[Additional Treatment of Discharges.} ',...............",..""""""".......""""...."""".....""",""'" 21
[Maintenance of Detention Basins and Infiltration Practices.]........................,..................... 21
11
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER t4, t999
I Section 1. [AUTHORITY.]
2 The order establishing the Riley-Purgatory-Bluff Creek Water District specifically provides that it
3 shall have all authority, powers and duties provided by law.
4 Among the specific purposes for establishing the District are the purposes:
5 . to regulate the flow of streams and conserve the streams' water, Minn. Stat. § 1030.201
6 Subd. 2(5);
7 . to regulate the use of streams, ditches, or watercourses to dispose of waste, Minn, Stat,
8 § I 03D.20 I Subd, 2(8);
9 . to control or alleviate soil erosion and siltation of watercourses or water basins, Minn, Stat.
10 §1030,201 Subd. 2(10); and,
II . to protect or enhance the water quality in watercourses or water basins, Minn, Stat. § 1030.201
12 Subd. 2( 13),
13 To implement the Watershed Law, the Board of Managers may use their powers to regulate the flow
14 of streams and to regulate the use of streams, ditches, or watercourses to dispose of waste and
15 prevent pollution. Minn. Stat. §§1030,335 Subd. 10, and 1030,335 Subd, 16.
16 The Board of Managers must adopt rules to accomplish the purposes of the Watershed Law and to
17 implement the powers of the managers. Minn. Stat. §1030.341 Subd. 1. The Board of Managers
18 possesses the power to issue permits. Minn. Stat, § 1030,345 Subd. I.
19 The Board of Managers possesses the power to perform all acts expressly authorized, and all other
20 acts necessary and proper for the watershed district to carry out and exercise the powers expressly
21 vested in it. Minn, Stat. § 1030,335 Subd. 1(5),
22
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14, 1999
1 Section 3. [PRE-EXISTING RIGHTS.]
2 The rights of private or corporate landowners to use the waters of the watershed district for any
3 purpose shan continue, as the rights existed at the time of the organization of the watershed district.
4
3
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER t4, 1999
I Section 5. [APPLICABILITY.]
2 Subdivision 1. [LOCAL GOVERNMENT RESPONSIBILITY.]
3 Copies of existing or proposed municipal ordinances relating to land alteration, surface water
4 drainage, floodplains, and shorelands shall be filed with the Board of Managers.
5 Subdivision 2. [WORK IN WATER AREAS.]
6 In instances where a pennit is not required from the Department of Natural Resources, a written
7 pennit must be secured from the District before any alteration is made in the bed, banks, or
8 floodplain of lakes, pennanent watercourses or marshes within the District.
9 Subdivision 3. [GRADING AND LAND ALTERATION.]
10 A grading and land alteration pennit must be obtained from the District prior to the start of any
II grading, filling or other land alteration that exposes soils from:
12 1. More than one-half acre of land,
13 2. Any lands which may reasonably be expected to introduce sediment into public waters
14 within the District, provided that no pennit shall be required from the District for regular
15 agricultural land use
16 3. Any lands that have areas with slopes greater than 3:1.
17 4. Any lands 1hat contain wetlands or public waters wetlands or are part of a regional
18 floodplain.
19 Subdivision 4. [FLOODPLAIN REGULATION.]
20 All development plans which are in or abut the floodplain of Riley, Purgatory, or Bluff creeks, and
21 other public waters of the District shall be submitted to the Board of Managers for review, at the
22 same time such development plans are initially submitted to the municipalities,
5
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14, 1999
1 Section 6. [DEFINITIONS.]
2 Subdivision 1. [APPLICATION.]
3 The definitions in this section apply to sections 8 to 12.
4 Subdivision 2. [100-YEAR FREQUENCY,]
5 "IOO-Year Frequency" means that on average, a specific storm event has a one percent recurrence
6 probability.
7 Subdivision 3. [BANK-FULL.]
8 «Bank-full" means the rate of water flow that completely fills a stream channel to the top of its
9 lowest bank; in an undeveloped watershed this flow typically occurs every 1.5 to 1,8 years, while in
10 a developed watershed it typically occurs every 0,9 to 1.2 years.
11 Subdivision 4. [CAPABLE OF INFILTRATING.]
12 "Capable of Infiltrating" means an INFILTRATION PRACTICE is can infiltrate a volume of
13 0.75 inches over the impervious area of the CONTRIBUTING DRAINAGE AREA to be served by
14 the practice in less than 72 hours.
15 Subdivision 5. [CONTRIBUTING DRAINAGE AREA.]
16 "Contributing Drainage Area" means the land area which drains to a given location.
17 Subdivision 6. [CRITICAL DURATION STORM.]
18 "Critical Duration Storm" means a storm that, for a given return frequency, produces the largest
19 Flood Storage volume at a location of interest.
7
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14. t999
1 Subdivision 13. [FLOOD STORAGE.]
2 "Flood Storage" means the volume of a pond that is above elevation of the FLOOD STORAGE
3 OUTLET.
4 Subdivision 14. [FLOOD STORAGE OUTLET.]
5 "Flood Storage Outlet" means the outlet from a DETENTION BASIN that controls the PEAK
6 DISCHARGE RATE to the maximum rate allowed for the design flood (typically the rate produced
7 by runoff from the 100- YEAR FREQUENCY CRITICAL DURATION STORM occurring over the
8 undeveloped watershed). The FLOOD STORAGE OUTLET is above the EXTENDED
9 DETENTION OUTLET.
10 Subdivision 15. [FULLY-URBANIZED.]
II "Fully-urbanized" means aU land is assumed developed in accord with applicable metropolitan and
12 municipal land use plans, including expected future land uses including urban reserves.
13 Subdivision 16. [INFILTRATION PRACTICES.]
14 "Infiltration Practices" means those practices that encourage the downward movement of water
IS from the surface to the subsoil.
16 Subdivision 17. [PEAK DISCHARGE RATES.]
17 "Peak Discharge Rates" means the maximum instantaneous rate of flow during a storm, usuaUy in
18 reference to a specific design storm event.
19 Subdivision 18. [PRE-URBAN.]
20 "Pre-urban" means all land in the watershed is assumed to contain only pervious surfaces and
21 existing watercourse crossings.
22
9
, Submitted fur Review by
The Board of Water and Soil Resources and
The Director ofDivisiøn of Waters oftlJc Department of Natural Resources
DECEMBER 14,1999
.,. 1 determines the døcumœt 'is iœdequate, it Q¡aH T~ the document to the proposer to correct the
2 inadequacies.
3 Subdivision 3. lREVEW.)
4 Upon filing the analysis with the Board of Managers, the Board of Managers shall publish notice in
5 a newspaper of general circulation in the District that the analysis is available for review..A copy of
6 the analysis shall be provided to any person upon request. A copy of the analysis shall also be
7 provided to every local governmental unit within which the proposed project would be located and
8 to the Minnesota Environmental Quality Board (EQB). The EQB shall publish notice of the
9 availability of the analysis in the EQB Monitor. Comments on the analysis shall be submitted to
10 the Board within 30 days following the publication of the notice of availability in the EQB Monitor.
11 The Board may hold a public meeting to receive comments on the analysis if it determines that a
12 meeting is necessary or useful. The meeting may be combined with any other meeting or hearing
13 for a permit or other approval for the project. Public notice of the meeting to receive comments on
14 the analysis shall be provided at least ten days before the meeting.
15 Subdivision 4. {DE~ON.J
16 In issuing any permits or grantingllfty oiher required approvals for a project subject to review under
17 this ordinance, the Board shall consider the analysis and the comments received on it. The Board
18 shall, whenever practicable and consistent with other laws, require that mitigation measures
19 identified in the analysis be incorporated in the project's design and construction.
20
11
'," Submiøad for Review by
'The Bclud ofW"r and Soil Resources and
The Director of Division of YlaIa'S of the Department of Natural Resources
D£CEMBER 14, 1999
1 Riley-Purgatory-iMuffCíeek Wat&!I'Shed District
2 dO.Barr Enginemng Company
3 4700 West 77'" Street
4 Minneapolis, MN 55435-4803
5
6 8) The District wilJ not take actionOß any application for a grading and land alteration permit until
7 the project has received Municipal Planning Commission approval, and a first reading approval
8 of the City Council.
9 Subdivision 2. [FEES.]
10 A person applying for a permit required by the managers must accompany the application with a
II field inspection fee. The field inspection fee shall for projects of less than ten acres shall be $600,
12 for projects of ten acres but less than forty acres shall be $1,500, and for projects greater than or
13 equal to forty acres the fee shall be $3,000. The inspection fee wilJ be used to cover actual costs
14 related to a field inspection. Inspection costs include investigation of the area affected by the
15 proposed activity, analysis of the proposed activity, services of a consultant, and any required
16 subsequent monitoring of the proposed activity, Costs of monitoring an activity authorized by
17 permit may be charged and collected as necessary after issuance of the permit. Projects that
18 involve review by the District, as the local government unit respofsible for enforcement of the
19 Wetlands Conservation Act, shall be charged an additional fee on a time and materials basis, The
20 Permit Application and Field Inspection fees are not charged to the federal government, the state, or'
21 a political subdivision.
22 Subdivision 3. [PERFORMANCE BONDS.]
23 An applicant for a permit shan file a bond with the Board of Managers in an amount set by the
24 Board of Managers and conditioned on performance by the applicant of authorized activities in
25 conformance with the terms ~f.the .permit. Among other things, the bond shall assure installation,
26 maintenance aoo removal of sedimentation and erosion controls, including siltation barriers and
27 vegetative cover; construction. maintenance, and restoration of temporary detention basins;
28 construction, maintenance, and Testoration of infiltration basins; and monitoring, if required, of any
29 permitted activity.
13
-j ¡
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14,1999
.I 2) an application submitted to a city, county, town, school district, metropolitan or regional entity,
2 or other political subdivision requires prior approval of a state or federal agency.
3 In cases described in I and 2 immediately above, the deadline for agency action is extended to
4 60 days after the required prior approval is granted.
5 The Board of Managers may extend the time limit before the end of the initial 60-day period by
6 providing written notice of the extension to the applicant. The notification must state the reasons
7 for the extension and its anticipated length, which may not exceed 60 days unless approved by the
8 applicant.
9
,
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Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14, 1999
and does not prevent the enforcement of these rules, standards, or orders against the
permittee.
The permit does not convey a property right or an exclusive privilege.
The Board of Managers' issuance of a permit does not obligate the Board of Managers to
enforce local laws, rules, or plans beyond that authorized by Minnesota statutes.
The permittee shall perform the actions or conduct the activity authorized by the permit in
accordance with the plans and specifications approved by the Board of Managers and in
compliance with the conditions of the permit.
The permittee shall at all times properly conduct the activity authorized and maintain any
required means of. treatment and control and the appurtenances related to them which are
installed or used by the permittee to achieve compliance with the conditions of the permit.
The permittee may not knowingly make a false or misleading statement, representation, or
certification in a record, report, plan, or other document submitted to the Board of
Managers or required to be submitted by the permit. The permittee shall, immediately upon
discovery, report to the Board of Managers an error or omission in any records, reports,
plans, or other documents.
The permittee shall, when requested by the Board of Managers, submit within a reasonable
time the information and reports that are relevant to the control of pollution regarding the
construction, modification, or regarding the conduct of the activity covered by the permit.
The managers may enter lands inside or outside the watershed district to make surveys and
investigations to accomplish the purposes of the watershed district. The watershed district
is liable for actual damages resulting from entry.
If the permittee discovers, through any means, including notification by the Board of
Managers, that noncompliance with a condition of the permit has occurred, the permittee
17
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14, 1999
1 Subdivision 5. [SPECIAL CONDITIONS.]
2 [Minimum Standards For Land Alteration.]
3 'Grading and filling of the natural topography that is not accessory to a permitted activity is not
4 !permitted. Grading and filling of the natural topography that is accessory to a permitted activity
5 shall be performed in a manner that minimizes earth moving, erosion, tree clearing, and the
6 destruction of natural amenities. Grading and filling of the natural topography shall also meet the
7 following standards:
8 I) Minnesota Pollution Control Agency "Protecting Water Quality in Urban Areas" 1989, as
9 amended.
10 2) The smallest amount of bare ground is exposed for as short a tim~ as feasible;
II 3) Temporary ground cover, such as disc mulch, is used and permanent ground cover, such as seed
12 and disc mulch or sod, is planted:
13 4) Methods to prevent erosion and trap sediment are employed; and
14 5) Fill is stabilized to accepted standards for engineering.
15 [Minimum Treatment of Discharges.]
16 All land alteration activities that require permit must meet the following requirements:
17 DETENTION BASINS, whether on-site or regional in nature, shall be constructed according to the
18 following design criteria:
19 1) The DEAD STORAGE shall be greater than or equal to the runoff from a 2,S-inch storm over
20 the FULLY-URBANIZED CONTRIBUTING DRAINAGE AREA.
21 2) The average depth of DEAD STORAGE shall be greater than or equal to 4 feet, with a
22 maximum depth of less than or equal to 10 feet.
19
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14, 1999
1 a) A 3-foot minimum separation must be provided between the bottom of the distribution
2 medium and the post-activity seasonally high groundwater elevation or sound bedrock. For
3 fractured bedrock, separations up to 10 feet may be required.
4 b) INFILTRATION PRACTICES shall be designed to minimize lateral flow conditions that
5 could contribute to discharge from DETENTION BASINS or to natural watercourses and to
6 provide access for maintenance.
7 c) The depth of the infiltration area shall be such as to promote the survival of vegetation and
8 be no greater than two feet.
9 '[Additional Treatment of Discharges.]
10 Additional treatment of watershed runoff may be required wherever it has been identified as
11 necessary to maintain or' to achieve intended beneficial uses of a receiving water body as defined by
12 the Use Attainability Analysis process adopted in the District's Water Management Plan,
13 IMaintenance of Detention Basins and Infiltration Practices.]
14 All DETENTION BASINS and INFILTRATION PRACTICES shall be maintained to sustain their
15 designed efficiency and effect.
16 Subdivision 6. [ALTERNATIVE AND EXPERIMENTAL SYSTEMS.]
17 Alternative systems and experimental systems for runoff management must meet the performance
18 requirements of these rules. They may be employed provided that:
19 2) Reasonable assurance of system performance, comparable to that of the runoff management
20 measures specified in the "Minimum Treatment of Discharges" section of these rules, is
21 presented to the Board of Managers. The use of alternative infiltration rates will be allowed,
22 provided that it meets the following guidelines:
23 a) The alternative infiltration rates must be representative of the average infiltration rate for
24 the final site condition,
21
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14, 1999
I Permeability
2 Percolation rate
3 g) The engineering design, certified by a licensed professional engineer, of the system is first
4 approved by the Board of Managers;
5 h) A 3-foot minimum separation is provided between the bottom of the distribution medium
6 and the seasonally high groundwater elevation or sound bedrock. For fractured bedrock,
7 separations up to 10 feet may be required.;
8 i) Treatment and disposal of wastes is completed in a manner that protects the public health
9 and general welfare;
10 j) The system complies with all local codes and ordinances and is subject to periodic
II inspections by the Board of Managers to assure adherence to specifications; and
12 k) A mitigation plan to the Board of Managers, indicating what will be done if the system fails
13 to provide treatment and disposal.
14 Subdivision 7. [EXEMPTION FROM INFILTRATION PRACTICES]
15 Sites comprised exclusively of Type D Soils, as defined by the USDA-SCS, are exempted from
16 the INFILTRATION PRACTICES requirements of these Rules.
17
23
~
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER t4, 1999
1 Section 12. [APPEAL.]
2 Any person aggrieved by the adoption or enforcement of these rules, as amended, or by any
3 order of the Board of Managers pursuant to such rules, as amended, may appeal from such actions
4 of the managers in accordance with the appellate procedures and review as provided by Minnesota
S Statutes, Chapter 103D, as amended.
6
2S
Submitted for Review by
The Board of Water and Soil Resources and
The Director of Division of Waters of the Department of Natural Resources
DECEMBER 14, 1999
1 Section 14. [CERTIFICATION OF SECRETARY.]
2 I, Howard L. Peterson, Secretary of the Riley-Purgatory-Bluff Creek Watershed District, do
3 hereby certifY that I have compared the above Rules, as amended, with the original thereof as the
4 same appears on file with the District and find the same to be a true and correct copy of the Rules,
5 as amended, and as adopted by the Board of Managers at their meeting on _ day of
6 2000.
7 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said
8 Watershed District this _ day of , 2000.
9
10 Howard L. Peterson, Secretary
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